HomeMy WebLinkAboutOrd.280.12-04-1985 .�^� '� (�� .'
BILL PdO. 85-117 ORDINANCE N0. .�'`� �
AP1 ORDINANCE REPEALING SECTION 19-8 OF THE
CITY CODE RELATING TO REGULATION OF
CONFLICTS OF INTEREST AND ENACTING FIVE NEW
SECTIONS RELATING TO THF SAME SUBJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOWS:
SECTION 1 . Section 19-8 of the Code of Ordinances of the
City of Cape Girardeau, Missouri , is hereby repealed in its
entirety.
SECTION 2 . Chapter 19 of the Code of Ordinances of the
City of Cape Girardeau, Missouri , is hereby amended by adding
the following:
"Sec. 19-11 . Definitions .
As used in seckions 19-12 to 19-15 , unless the
context clearly requires otherwise, the following
terms mean:
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( 1 ) "Adversary proceeding" , any proceeding in which a
record of the proceedings may be kept and
maintained as a public record at the request of
either party by a court reporter , notary public
or other person authorized to keep such record by
law or by any rule or regulation of the agency
conducting the hearing; or from which an appeal
may be taken directly or indirectly, or any
proceeding from the decision of which any party
must be granted, on request, a hearing de novo;
or any arbitration proceeding; or a proceeding of
the personnel review board of the city;
( 2 ) "Business entity" , a corporation, association,
firm, partnership, proprietorship, or business
entity of any kind or character ;
( 3 ) "Business with which he is associated" , any sole
proprietorship owned by himself or his spouse ,
any partnership or joint venture in which he or
his spouse is a partner , any corporation in which
he is an officer or director or of which either
he or his spouse or dependent child in his
custody whether singularly or collectively owns
in excess of ten percent of the outstanding
� shares of any class of stock , or any trust in
which he is a trustee or settlor or in which he
� or his spouse or dependent child whether
singularly or collectively is a beneficiary or
holder of a reversionary interest of ten percent
or more of the corpus of the trust;
( 4 ) "Confidential information" , all information
whether transmitted orally or in writing which is
of such a nature that it is not, at that time, a
matter of public record or public knowledge;
( 5 ) "Dependent child in his custody" , all children,
stepchildren, foster children and wards under the
age of eighteen residing in his household and who
receive in excess of fifty percent of their
support from him;
( 6 ) "Public document" , a document or other record
maintained for public inspection without
limitation on the right of access to it '
(7 ) "Substantial interest" , ownership by the
individual , or his spouse, directly or
indirectly, of ten percent or more of any
business entity, or of an interest having a value
of ten thousand dollars or more, or the receipt
� by an individual or his spouse of a salary
gratuity, or other compensation or remuneration
of six thousand dollars , or more, per year from
any individual , partnership, organization, or
association;
( 8 ) "Substantial personal or private interest in any
measure or bill" , any interest in a measure or
bill which results from the combined definitions
of subdivisions ( 2 ) and (7 ) of this section .
Sec. 19-12 . Prohibited Acts by Elected and Appointed
City Officials and Employees .
No elected or appointed official or employee of
the City shall :
( 1 ) Act or refrain from acting in any capacity in
which he is lawfully empowered to act as such an
official or employee by reason of any payment ,
offer to pay, promise to pay, or receipt of
anything of actual pecuniary value other than
compensation to be paid by the City; or
( 2 ) Use confidential information obtained in the
course of or by reason of his employment or
,,.� official capacity in any manner with intent to
result in financial gain for himself , his spouse ,
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his dependent child in his custody, or any
� business with which he is associated; or
( 3 ) Disclose confidential information obtained in the
course of or by reason of his employment or
official capacity in any manner with intent to
result in financial gain for himself or any other
person .
Sec. 19-13 . Additional Prohibited Acts by Certain
Elected and Appointed City Officials and
Employees , Exceptions .
No elected or appointed official or employee of
the City, serving in an executive or administrative
capacity, shall
( 1 ) Perform any service for the City for receipt or
payment of any compensation, other than of the
compensation provided for the performance of his
official dtaties , in excess of five hundred
dollars per annum, except on transactions made
pursuant to an award on a contract let or sale
made after public notice and competitive bidding,
provided that the bid or offer is the lowest
received;
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( 2 ) Sell , rent or lease any property to the City and
receive consideration therefor in excess of five
hundred dollars per year unless the transaction
is made pursuant to an award on a contract let or
sale made after public notice and in the case of
property other than real property, competitive
bidding, provided that the bid or offer accepted
is the lowest received;
( 3 ) Participate in any matter , directly or
indirectly, in which he attempts to influence any
decision of the City when he knows the result of
such decision may be the acceptance of the
performance of a service or the sale , rental , or
lease of any property to the City for
consideration in excess of five hundred dollars
value per annum to him, to his spouse, to a
dependent child in his custody or to any business
with which he is associated unless the
transaction is made pursuant to an award on a
contract let or sale made after public notice and
in the case of property other than real property,
competitive bidding, provided that the bid or
offer accepted is the lowest received;
� ( 4 ) Perform any services during the time of his
office or employment for any consideration from
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any person, firm or corporation, other than the
^ compensation provided for the performance of his
official duties , by which service he attempts to
influence a decision of the City;
( 5 ) Perform any service for consideration, during one
year after termination of his office or
employment, by which performance he attempts to
influence a decision of the City, except that
this provision shall not be construed to prohibit
any person from performing such service and
receiving compensation therefor , in any adversary
proceeding or in the preparation or filing of any
public document;
( 6 ) Perform any service for any consideration for any
person, firm or corporation after termination of
his office or employment in relation to any case,
decision, proceeding or application with respect
to which he was directly concerned or in which he
personally participated during the period of his
service or employment .
Sec. 19-14 . Prohibited Acts by Members of Governing
Bodies of Political Subdivisions ,
Exceptions .
i-�.
1 . No member of the City Council shall :
( 1 ) Perform any service for any consideration
other than the compensation provided for the
performance of his official duties; or
( 2 ) Sell , rent or lease any property to the City
for consideration in excess of five hundred
dollars per annum unless the transaction is
made pursuant to an award on a contract let
or a sale made after public notice and in
the case of property other than real
property, competitive bidding, provided that
the bid or offer accepted is the lowest
received;
( 3 ) Attempt, for any compensation other than tt�e
compensation provided for the performance of
his official duties, to influence the
decision of the City on any matter ; except
that , this provision shall not be construed
to prohibit such person from participating
for compensation in the preparation or
filing of any public document .
� 2 . No sole proprietorship, partnership, joint
venture or corporation in which any member of the
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� City Council is the sole proprietor , partner ,
coparticipant or owner of in excess of ten
percent of the outstanding shares of any class of
stock , shall:
( 1 ) Perform any service for the City for any
consideration in excess of five hundred
dollars per annum unless the transaction is
made pursuant to an award on a contract let
after public notice and competitive bidding,
provided that the bid or offer accepted is
the lowest received;
( 2 ) Sell , rent or lease any property to the City
where the consideration is in excess of five
hundred dollars per annum unless the
transaction is made pursuant to an award on
a contract let or a sale made after public
notice and in the case of property other
than real property, competitive bidding,
provided that the bid or offer accepted is
the lowest received.
Sec. 19-15 . Exceptions to Applicability of
Sections 19-11 to 19-15 .
^� l . No provision of Sections 19-11 to 19-15 shall be
construed to prohibit any person from performing
any ministerial act or any act required by order
of a court or by law to be performed.
2 . No provision of Sections 19-11 to 19-15 shall be
construed to prohibit any person from
communicating with the City Attorney concerning
any prospective claim or complaint then under
consideration not otherwise prohibited by law.
3 . No provisions of Sections 19-11 to 19-15 shall be
construed to prohibit any person, firm or
corporation from receiving compensation for
property taken by the City under the power of
eminent domain in accordance with the provisions
of the canstitution and the laws of the state . "
SECTION 3 . If any section , subsection, sentence, clause ,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the rer�aining portions hereof .
SECTION 4 . The repeal of Section 19-8 of the Code of
^ Ordinances of the City of Cape Girardeau, Missouri , provided
for in Section 1 hereof shall not affect any offense committed
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or any penalty incurred before the effective date of this
� ordinance .
SECTION 5 . This ordinance shall be in full force and
effect ten days after its passage and approva�.
F �,,�=��,f T �
PASSED AND APPROVED THIS �'� DAY OF � � 't �i,,�,{�-�_-f_, �, 1985 .
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Howard C. Tooke, Mayor
ATTEST:
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, / } �:
Alvin M. Stoverink , City Clerk
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